Marital Settlements: The Division of Marital Property

Posted: 17 September, 2019

Dividing up marital property, including all marital assets and debts, is one of the primary goals of divorce. In many cases, it is also the source of contention and bitter disputes. This is because, even though Nevada is a community property state (meaning that marital property should theoretically be divided 50:50), a number of factors can impact the division of marital property and, consequently, can have long-term impacts on people going through a divorce.

Given all that can be at stake with the division of marital property and the development of marital settlements, having the Right Lawyers on your side will be pivotal to ensuring your interests are protected and that you are able to obtain your fair share of marital assets in the final marital settlement.

Factors that Can Impact the Division of Marital Property

Although the division of property in a divorce should theoretically be a straightforward process, in practice, there are a number of different factors that can impact how the marital assets and debts are divided in the process of divorce. Just some of these factors include:

  • What assets and debts are actually defined as marital property (Determining what exactly qualifies as marital property versus what is legally a personal asset can be a complicated endeavor in and of itself.)
  • Whether a prenuptial agreement exists and is valid (and, if so, what the terms of this agreement detail)
  • Whether the marital assets include a business
  • Whether any type of fraud may have been involved in the marriage.

Although factors like infidelity or other misconduct may not matter to the issue of granting a divorce (as Nevada is a no-fault state), they may become an issue if or when some of the marital assets were used to contribute to this misconduct (or when some of the marital debt was generated from it). When this may be a factor in the division of marital property and the development of a marital settlement, it will be up to:

  • A person’s lawyer to either push for a more favorable distribution of the assets based on these claims or to try to minimize the negative impacts of such claims to protect a person’s rights to certain marital property.
  • The courts to ultimately decide if and how such factors should impact the distribution of marital property and the final marital settlement.

The bottom line is that the division of marital property can easily become a complicated and contentious matter and that having the Right Lawyers on your side will be critical to protecting your best interests and helping you obtain a favorable marital settlement from your divorce.

Las Vegas and Henderson Divorce Attorneys at the Right Lawyers

Are you considering filing for divorce? If so, you can trust the experienced Las Vegas and Henderson divorce lawyers at the Right Lawyers to help you work out the best possible marital settlement.

When you make the Right decision to move forward with the Right Lawyers, you can be confident that you will receive:

  • Aggressive advocacy at every phase of your case
  • Personalized attention, including regular case updates and honest answers about your best options as your case progresses
  • The best possible resolution to your case, as our Las Vegas and Henderson divorce attorneys will work relentlessly to ensure your case is resolved as favorably as possible.

Contact Us

Let’s discuss your divorce case during an initial consultation. To set up a meeting with our trusted Las Vegas and Henderson divorce lawyers, call (702) 914-0400 or email us using the contact form at the top of this page.

From our offices in Law Vegas, we represent clients throughout Clark County and the state of Nevada.